Murray

MEMORANDUM **

Arizona state prisoner Robert W. Murray appeals pro se from the district court’s judgment dismissing his 42 U.S.C. § 1983 action alleging various constitutional claims related to the conditions of his confinement. We have jurisdiction under 28 U.S.C. § 1291 . We review de novo the district court’s dismissal for failure to state a claim under the screening provisions of 28 U.S.C. § 1915A. Resnick v. Hayes, 213 F.3d 443, 447 (9th Cir.2000). We also review de novo decisions regarding qualified immunity and summary judgment. Sorrels v. McKee, 290 F.3d 965, 969 (9th Cir.2002). We affirm in part, vacate in part, and remand.

In granting summary judgment to defendants Stewart and Marshall, the district court properly concluded that, prior to the district court’s decision in Canadian Coalition Against the Death Penalty v. Ryan, 269 F.Supp.2d 1199, 1203 (D.Ariz. 2003), defendants reasonably could have believed that the prison’s internet policy was constitutional. Accordingly, defendants were entitled to qualified immunity as to Count Two of Murray’s amended complaint. See Sorrels, 290 F.3d at 969-71 .

The district court also properly granted summary judgment as to Count…